Monday, June 28, 2010

Long Beach Divorce Process

The Long beach divorce process varies from couple to couple based on the specific issues involved. However, there is a general pattern common to most divorces based on how the legal system conducts divorce in California.

Basic steps in the divorce process include:

  • One spouse (the petitioner) files a petition to divorce.
  • The petition is served to the other spouse (the respondent).
  • The respondent has 30 days to file a response. If no response if filed, the court proceeds without the respondent, based on the petitioner's judgment submitted to the court. The judgment describes requests for child custody, child support, spousal support, visitation, property division, and attorney fees.
  • The California waiting period for divorce is six months from the date the petition is served, at which point the divorce may become final.
  • However, when a respondent files a response, the process moves into the discovery stage, where both spouse's lawyers exchange financial documents and other information.
  • Parties can settle at any time on terms of the divorce. If no settlement is forthcoming, the next step may involve requests for court orders, such as orders regarding:

  • Child custody
  • Child support
  • Visitation
  • Spousal support
  • Property division
  • Domestic violence restraining order

Next, the court schedules a mandatory settlement conference in an attempt to have the couple settle the divorce.

If no settlement is reached, the divorce proceeds to trial. Each side presents evidence and argues its case. The judge hears both sides and prepares a ruling or judgment. Six months after the judge signs the judgment the divorce becomes final. It is important that you contact a good Long Beach divorce attorney or a lawyer in your area to help to give you a better understanding of the court system.

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